A/HRC/RES/18/7
Recalling the International Convention for the Protection of All Persons from
Enforced Disappearance, adopted by the General Assembly in its resolution 61/177 of 20
December 2006, in which article 24, paragraph 2, sets out the right of victims to know the
truth regarding the circumstances of the enforced disappearance, the progress and results of
the investigation and the fate of the disappeared person, and sets forth State party
obligations to take appropriate measures in this regard, and the preamble reaffirms the right
to freedom to seek, receive and impart information to that end,
Recalling also the report of the Secretary-General on the rule of law and transitional
justice in conflict and post-conflict societies,3 including the relevant recommendations
contained therein, and the report of the Secretary-General entitled “Uniting our strengths:
enhancing United Nations support for the rule of law”, 4
Noting with appreciation the active engagement of the United Nations, including the
Office of the United Nations High Commissioner for Human Rights, in assisting States to
address gross human rights violations and serious violations of international humanitarian
law, in cooperation with and at the request of States,
Recalling its resolutions 5/1, on institution-building of the Human Rights Council,
and 5/2, on the code of conduct for special procedures mandate holders of the Council, of
18 June 2007, and stressing that the mandate holder shall discharge his or her duties in
accordance with those resolutions and the annexes thereto,
Recalling also General Assembly resolution 60/251 of 15 March 2006,
Recognizing that the special procedure on the promotion of truth, justice, reparations
and guarantees of non-recurrence will deal with situations in which there have been gross
violations of human rights and serious violations of international humanitarian law,
Underlining the fact that, when designing and implementing strategies, policies and
measures to address gross human rights violations and serious violations of international
humanitarian law, the specific context of each situation must be taken into account with a
view to preventing the recurrence of crises and future violations of human rights, to ensure
social cohesion, nation-building, ownership and inclusiveness at the national and local
levels and to promote reconciliation,
Emphasizing the importance of a comprehensive approach incorporating the full
range of judicial and non-judicial measures, including, among others, individual
prosecutions, reparations, truth-seeking, institutional reform, vetting of public employees
and officials, or an appropriately conceived combination thereof, in order to, inter alia,
ensure accountability, serve justice, provide remedies to victims, promote healing and
reconciliation, establish independent oversight of the security system and restore
confidence in the institutions of the State and promote the rule of law in accordance with
international human rights law;
1.
Decides to appoint, for a period of three years, a special rapporteur on the
promotion of truth, justice, reparation and guarantees of non-recurrence, whose tasks will
include:
(a)
To contribute, upon request, to the provision of technical assistance or
advisory services on the issues pertaining to the mandate;
(b)
To gather relevant information on national situations, including on normative
frameworks, national practices and experiences, such as truth and reconciliation
commissions and other mechanisms, relating to the promotion of truth, justice, reparation
and guarantees of non-recurrence in addressing gross violations of human rights and serious
3
4
2
S/2004/616.
A/61/636-S/2006/980.
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